Criminal Law Regulation Of Sexual Assault On Children

The crime of sexual assault on children is an act of rape,indecency,seduction and forced prostitution,forced viewing and performance of obscene articles,etc.,which is committed by the perpetrator against children or forced children against their wishes.In China’s criminal law,it specifically involves the crimes of raping a young girl,molesting a child,and luring a young girl into prostitution.Some scholars advocate changing the object of rape crime from "women" to "others" and expanding the subject of rape crime to women,so as to enhance the protection of boys.Others suggest that the definition of "sexual intercourse" should be expanded and explained,and the crime of raping young girls can be established whether they enter the organs or anus of young women with sexual organs or other parts of the body or various utensils.Such an expansion of the subject and object of the crime of rape and the meaning and content of "sexual intercourse" does not conform to the traditional concept of "sexual intercourse" in our country,and it will lead to a redefinition of the concepts of "indecency" and "rape",leading to new controversial issues on the constitutive elements of indecency crime and rape crime.Therefore,it is not appropriate to expand the subject and object of the crime of rape,and "the act of using body parts or utensils other than sexual organs to enter another person’s body or anus" should be stipulated as an aggravated crime of indecency,and it is more appropriate to aggravate the punishment.There is no difference in essence between young girls in common adultery crimes and young girls in prostitution and whoring.They are all victims of sexual behavior,and their sexual promises are invalid as long as they are not over 14 years old.In the case of joint crime of whoring young girls,we should not simply determine the criminal responsibility of prostitutes and whoring girls,but should reasonably distinguish them according to the theory of accomplice,that is,partial implementation of full responsibility.As long as the victim is a young girl under the age of 12,whoever has sex with a young girl is convicted and punished for the crime of raping a young girl,regardless of whether the pimp knows it or not,or whether one party knows it or the other party doesn’t.For those who have reached the age of 12 and under the age of 14,the liability is relatively strict.When the prostitute knows or should know that the prostitute is a young girl,she will commit a joint crime with the prostitute.According to the principle of partial full responsibility,the prostitute should bear the criminal responsibility for the crime of raping a young girl.The Ninth Amendment to the Criminal Law abolished the crime of whoring with young girls,but retained the crime of luring young girls into prostitution,which is contradictory.The position of criminal law to protect young girls’ right to sexual commitment should be unified.Abolishing the clause of prostitution of young girls in criminal law and treating it as the same as the crime of rape of young girls will be more conducive to protecting all young girls and will also be more effective in cracking down on the crime of sexual assault on young girls.Drawing lessons from foreign punishment measures for child sexual abuse,China needs to strictly apply commutation and parole to criminals who sexually abuse children,and add punishment measures such as chemical castration and compulsory psychological medical treatment when necessary.At the same time,it should establish information management control system for perpetrators of child sexual abuse to warn and prevent crimes.